Lea Banken participates in publishing the blog carvercountycorruption.wordpress.com. This blog includes court papers and informs the public about Carver County`s Judge Richard C. Perkins, her ex-husband, Jeremy Banken, his lawyer, Christopher Banas, and the court`s judgement and orders against her. The court ordered Lea to remove her blog, stop all postings to it, and not publish any similar blogs. Lea`s ex-husband and his lawyer claim the blog is endangering them. Lea argues that she has the right to publish already public information such as court orders and criminal records unless there is a court decision after a trial that finds the content of the blog to be false or improper. No court action has been started against Lea for libel, slander or defamation and there is no court ruling that her blog is false or improper. Below is Lea`s letter to the ACLU.

Lea Banken

PO Box 24

Waconia, MN 55317 

Re: Request for assistance in Banken v. Banken

In an order filed August 5, 2011 in a dissolution proceeding, Carver County Minnesota District (Trial) Court Judge Richard Perkins ordered Lea Banken to take down her blog, carvercountycorruption.wordpress.com, remove and discontinue all postings to it, and refrain from posting similar material to any other blog. Judge Perkins gave no reason or basis for his order other than to criticize its content. In an amended order filed October 4, 2011, Judge Perkins made the same order. Ms. Banken appealed the August 5, 2011 order and a judgment also dated August 5, 2011 to the Minnesota Court of Appeals. That appeal was rejected as untimely.

Ms. Banken appealed both the August 5, 2011 judgment order and the October 4, 2011 amended judgment and the Order on Motions filed August 5, 2011 and Amended Order on Motions filed October 4, 2011 to the Minnesota Court of Appeals. That appeal was accepted and is in progress.

The August 5, 2011 order awarded petitioner, Jeremy Banken, the father of their three children, ages 1, 5 and 7, temporary sole physical and legal custody and gave Ms. Banken supervised visitation subject to the conditions established by a parenting consultant, Jeffrey Postuma who was appointed by the court. Ms. Banken was ordered to agree to and sign a six page list of restrictions prepared by Mr. Postuma before she would be given any parenting time with her children. Included in the conditions was that Mr. Postuma would be paid $100 per hour for his services which he demanded be paid in advance of any parenting time. Ms. Banken was rendered moneyless and without any assets, money or property by the August 5, 2011 property distribution made in the August 5, 2011 judgment. The August 5, 2011 judgment put her over $40,000 in debt to Mr. Banken. The August 5, 2011 and October 4, 2011 judgments and amended orders and judgments also found Ms. Banken in contempt for refusing to take down her blog and assessed her thousands of dollars in sanctions and for Mr. Banken’s attorney’s fees. This resulted in judgments against Ms. Banken which are the subject of collection actions as shown by the enclosed letter dated January 20, 2012. .

The children were first taken from Ms. Banken in June, 2011. She has had no parenting time with them since that month.

No court action was taken against Ms. Banken concerning the content of her blog. There have been no suits for libel or slander or defamation and no suit alleging the falsity of the contents of the blog.

In August, 2011, Ms. Banken filed a petition for a writ of prohibition in the Minnesota Court of Appeals asking the Court of Appeals to prohibit Judge Perkins from enforcing his orders concerning Ms. Banken`s blog and the assessment of sanctions against Ms. Banken.. By order filed September 21, 2011, The Minnesota Court of Appeals, Judge Matthew Johnson, Chief Judge, denied the petition on the basis that Ms. Banken had an adequate remedy – an ordinary appeal which would take about nine months to decide. But Judge Johnson also said that the award of contempt sanctions was immediately appealable, but first Ms. Banken would have to move before Judge Perkins for a stay of his award of sanctions. If the decision on a motion for a stay was unfavorable, Judge Johnson said Ms. Banken could again ask the Court of Appeals for relief. Ms. Banken then moved before Judge Perkins for a stay. He denied her motion by Order filed November 16, 2011. By a pleading filed in January, 2011, Ms. Banken again asked the Minnesota Court of Appeals for relief. The Court of Appeals has not yet responded.

Ms. Banken appealed to the Minnesota Supreme Court for review of the Court of Appeals denial of her petition for a Writ of Prohibition. By Order filed November 15, 2011, Chief Justice Lorie Gildea denied further review.

In her arguments to the Minnesota Court of Appeals and Supreme Court, Ms. Banken cited the decision of the Kentucky Supreme Court in Hill v. Petrotech Resources Corporation, 325 SW 3rd 302 (October 21, 2010). That decision found that an injunction to prohibit publication of a blog violated the U.S. and Kentucky constitutions where there was no prior adjudication finding that the contents of the blog were false or unjustly defamatory.

Recently, Mr. Banken’s attorney, Christopher Banas, asked Judge Perkins for an order directing the host of Ms. Banken’s blog to remove it and ordering Ms. Banken not to publish any blog concerning the Banken dissolution proceeding.

Ms. Banken believes the actions of Judge Perkins, the Minnesota Court of Appeals and the Minnesota Supreme Court violate the U.S. and Minnesota constitutions as well as Minnesota statutory law, in particular Minn. Stat 518.175, and asks for your assistance.

Enclosed are copies of documents we think are most relevant. We will provide you with additional copies of documents you request. The court registries can be seen on the website [MNCIS Access Case Records]. The case file numbers are District Court File No. 10-FA-09-413 and Appellate Files numbers A11-1452, A-11-2156, and A12-0086.

Lea Banken

In two prior court orders, Carver County Judge Richard Perkins directed Lea Banken to take down her internet blog, carvercountycorruption.wordpress.com, make no postings to that blog or any other, and assessed sanctions of over $9,000 against her for contempt of court because she refused to do so. These assessments are judgments against Ms. Banken and are the subject of collection action such as garnishments and bank account seizures.

Judge Perkins denied Ms. Banken any contact with her three children ages 1, 5 and 7 unless and until she takes down her blog. Ms. Banken has not had any contact with her children for almost eight months. She has not been allowed to take any action to protect her children even though they told her they were being sexually molested by their father who has a history of domestic violence. He has been convicted of the crimes of domestic assault: (attempted rape), strangulation, and terrorism (death threats).

The latest court hearing, on Thursday, February 9. 2012, was attended by a member of the Minnesota House of Representatives who met with Judge Perkins about this case. The large number of people at the hearing heard Judge Perkins give no reason why Ms. Banken cannot see her children other than his false assertion that Ms. Banken has not had a psychological evaluation. The truth is that she had an evaluation and it was completely normal. Judge Perkins gave no reason why Ms. Banken needs a psychological evaluation and there is none. She has never even been accused of abusing, mistreating or ever hurting her children and has no history of any substance or other abuse. Until they were taken from her, Ms. Banken was the primary caretaker of her children and there has never been even the allegation that she was not a good parent.

There have been no actions against Ms. Banken concerning the contents of her blog are false such as an action for libel or slander or defamation. Mr. Banken and his lawyer, Christopher Banas, demand that Judge Perkins act on the basis of their allegations and complaints without any court adjudication such as a trial by a jury on the truthfulness of the blog. No decisions were made today, we now wait for court orders on the matters at hand.

Judge Perkins orders are a threat to all Minnesotans who publish a blog on the internet, or post to a blog, or even comment on a blog. He assumes the power to order a blog discontinued on the basis of unproven allegations of falsity or defamation without any court action.

It is very troublesome that both the Minnesota Court of Appeals and Supreme Court refused to rule on Lea Banken’s petitions for a Writ of Prohibition to overrule Judge Perkins’ orders. The Court of Appeals, Chief Judge Johnson, ruled that Ms. Banken has an adequate remedy. She can make an ordinary appeal even though that takes about nine months to decide. During this time she would have no contact with her children and would be unable to protect them. You can see these rulings on the website MNCIS Government Access Resource Center. The case file number is 111452.

Please contact some of the following legislators and let them know your opinion of this outrage. Thank you.

Sen. Warren Limmer, GOP, Maple Grove, sen.warren.limmer@senate.mn 651 296-2159

Sen. Scott Newman, GOP, Hutchinson, sen.scott.newman@sen.mn.com 651 296-4131

Sen. Ron Latz, DFL, St. Louis Park, sen.ron.latz@senate.mn 651 297-8065

Sen. Barbara Goodwin, DFL, Columbia Heights, sen.barbara.goodwin@senate.mn 651 296-4334

Sen. Dan Hall sen.dan.hall@senate.mn, GOP, Burnsville, 651 296-5975

Sen. John Harrington, DFL, St. Paul, sen.john.harrington@senate.mn 651 296-5285

Sen. Gretchen Hoffman, GOP, Vergas sen.gretchen.hoffman@senate.mn 651 296-5655

Sen. Bill Ingebritsen, GOP, Alexandria, sen.bill.ingebritsen@senate.mn 651 297-8063

Sen. Mike Jungbauer, GOP, East Bethel, sen.mike.jungbauer@senate.mn 651 296-3733

Sen. John Marty, DFL, Roseville, sen.john.marty@senate.mn 651 296-5645

Sen. Julianne Ortman, GOP, Chanassen, sen.julianne.ortman@senate.mn 651 296-4837

Sen. Mary Jo McGuire, DFL, St. Paul, sen.maryjo.mcguire@senate.mn 651 296-5537

Sen. Dave Thompson, GOP, Lakeville, sen.dave.thompson@senate.mn 651 296-5252

Rep. Ron Shamanski, GOP, Silver Lake, rep.ron.shamanski@house.mn 651 2961534

Rep. Sheldon Johnson, DFL, St. Paul, rep.sheldon.johnson@house.mn 651 2964201

Rep. Diane Anderson, GOP, Eagan, rep.diane.anderson@house.mn 651 296-3533

Rep. Bobby Joe Champion, DFL, Minneapolis, rep.bobby.champion@house.mn 651 296-8659

Rep. Tony Cornish, GOP, Good Thunder, rep.tony.cornish@house.mn 651 296-4240

Rep. Glenn Gruehagen, GOP, Glencoe, rep.glenn.gruehagen@house.mn 651 296-4229

Rep Debra Hilstrom, DFL, Brooklyn Center, rep.debra.hilstrom@house.mn 651 296-3709

Rep. John Kriesel, GOP, Cottage Grove, rep.john.kriesel@house.mn 651 296-4342

Rep. Carolyn Laine, DFL, Columbia Heights, rep.carolyn.laine@house.mn 651 296-4331

Rep. John Lesch, DFL, St. Paul, rep.john.lesch@house.mn 651 296-4224

Rep. Tina Liebling, DFL, Rochester, rep.tina.liebling@house.mn 651 296-0573

Rep. Pat Mazorol, GOP, Bloomington, rep.pat.mazorol@house.mn 651 296-7803

Rep. Joe Schomaker, GOP, Levern, rep.joe.schomaker@house.mn 651 296-5505

Rep. Tom Tillberry, DFL, Fridley, rep.tom.tillberry@house.mn 651 296-5510

Rep. Bruce Vogel, GOP, Wilmer, rep.bruce.vogel@house.mn 651 296-6206

Rep. Doug Wardlow, GOP, Eagan, rep.doug.wardlow@house.mn 651 296-4128

Rep. Torry Westrom, GOP, Elbow Lake, rep.torry.westrom@house.mn 651 296-4929

Rep. Steve Dragkowski, GOP, Mazeppa, rep.steve.dragkowsk@ihouse.mn 651 296-2273

Rep. Bill HiltyDFL, Finlayson, rep.bill.hilty@house.mn 651 296-4308

Rep. Mary Liz Holberg, GOP, Lakeville, rep.maryliz.ho@holberghouse.mn 651 296-6926

Rep. Melissa Hortman, DFL, Brooklyn Park, rep.melissa.hortman@house.mn 651 296-4280

Rep. Tim Mahoney, DFL, St. Paul, rep.tim.mahoney@house.mn 651 296-4277

Rep. Brandon Petersen, GOP, Andover, rep.brandon.petersen@house.mn 651 296-5369

Rep. Linda Runbeck, GOP, Circle Pines, rep.linda.runbeck@house.mn 651 296-2907

Rep. Peggy Scott, GOP, Andover, rep.peggy.scott@house.mn 651 296-4231

Rep. Carolyn McElfatrick, GOP, Deer River, rep.carolyn.mcelfatrick@house.mn 651 296-2365

Christopher Banas and Jeremy Banken filed a motion with the courts asking for immediate removal of the CCC blog. Banas is asking for this motion to be heard this Thursday February 9th, 2012 – during the hearing where Lea Banken is asking again for immediate time with her children. February 9th Banken vs. Banken hearing

Lea received in the mail the above motion [BANAS BLOG REMoval], this order asks for the following:

1. For an order waiving the notice provisions regarding service and filing of motions as contemplated by the Rules of Family Court Procedure.

2. For an order modifying the COURT ORDER TO REMOVE CCC BLOG  dated Aug. 5th, 2011 – by adding an order directing Lea Banken to immediately REMOVE and SHUT DOWN www.carvercountycorruption.wordpress.com from the internet.

3. For an order modifying the same order dated Aug. 5th, 2011 by adding an order directing Automattic, Inc. 60-29th Street #343, San Francisco, CA 94110, to immediately REMOVE AND SHUT DOWN www.carvercountycorruption.wordpress.com from the internet.

4. In the alternative, Mr. Banken requests the following: that the court modify paragraph 7 of the Aug. 5th, 2011 order to read: The Respondent shall immediately remove all posting, notes, blogs, comments and content on her Facebook page, www.carvercountycorruption.wordpress.com or similar websites or social sites from which she admittedly has been either a self-subscribed editor, author, operator or contributor. 

It goes on and on…. [download court motion above to read in full]

Christopher Banas went so far as to email and correspond with WordPress.com / Automattic, Inc. in San Francisco. Automattic, Inc. said if they have a direct court order instructing them to remove the www.carvercountycorruption.wordpress.com – they will remove the blog from the internet. This is why Christopher Banas is asking for judge Perkins to make the order dated Aug. 5th, 2011 more specific to state the actual URL that they desire removed from the internet.  [email from Automattic, Inc. is included in the BANAS BLOG REMoval document above] 

This is a flagrant violation of Free Speech. Although we are not surprised by this move, this is yet another example of abuse by this court and those involved in the corruption.

ncpp

]]> http://carvercountycorruption.wordpress.com/2012/02/07/jeremy-banken-and-chris-banas-plead-with-perkins-to-force-the-ccc-blog-offline/feed/ 38 ncpp6710 http://carvercountycorruption.wordpress.com/2012/02/07/state-vs-caroline-rice-jury-foreman/ http://carvercountycorruption.wordpress.com/2012/02/07/state-vs-caroline-rice-jury-foreman/#comments Tue, 07 Feb 2012 14:05:31 +0000 ncpp http://carvercountycorruption.wordpress.com/?p=3072 ]]> Some of you may recall the trial of State vs. Caroline Rice held a week prior to Christmas 2011. The shocking jury verdict post was the highest hitting post in the history of the CCC blog.  State vs. Caroline Rice jury verdict  

Some of you may recall during the first days of the trial judge Richard Perkins dismissed the entire first jury. Dismissing a jury is something rarely (if ever) heard of. This was a very bizarre move on the part of judge Richard Perkins. State vs. Caroline Rice, Trial day #2 – dismissal of jury 

During the trial many of the Rice children testified to the horror of physical abuse in their home by their father, Brent Rice. Many of the children also spoke about the pain of losing their mother for many years – for reasons unknown. A few of the Rice children were heard after their testimony stating how embarrassing witnessing was due to the fact they recognized a few of the jury members while they were on the stand giving their testimony. This sparked an investigation into many of the members on the jury.

Jury foreman, Chad Ellman`s behavior was the most inappropriate during the trial. His haughty and arrogant demeanor sparked an investigation into his past – this revealed an employment history of nine years working for Merrill Lynch in Minnesota – with Rice father, Brent Rice – who is VP of Merril Lynch in Wayzata, MN. Chad Ellman was an employee of Merrill Lynch for nine years up until 2009. Additionally, Ellman is a long time friend of Mr. Rice. This explains the shocking jury verdict convicting a woman of crimes the prosecution themselves were no longer pursuing against Caroline Rice – intent, encouraging A Rice to run away – prosecution admitted A Rice ran away on her own, they were no longer pursuing charges of intent against Caroline Rice, Caroline Rice was convicted by the jury anyway. This also explains the verdict in convicting Caroline Rice with crimes of harboring a minor, and refusing to return a minor – the DVD of A Rice shown during trial completely exonerated Caroline Rice of these crimes, jury convicted her anyway. This also explains why judge Perkins dismissed the first jury, bringing in a whole new set of members.

Four other jury members were found to have children who went to the same school as the Rice children. T Rice and L Rice ran in track and other sports with the jury members` kids. This of course humiliated the Rice children as they testified during trial, since they recognized some of the jury members.

Members of the jury were asked questions as to their affiliation with Brent Rice, Caroline Rice, and the Rice children prior to sitting on the jury for over a week… they were asked if they had children that went to the same school as the Rice children, if they worked for or knew Brent Rice or Caroline Rice, if they worked for the county… etc. This is, of course, a very serious crime to lie during jury duty: an aggravated felony.

Member of the jury:

• Chad Ellman, jury foreman – Stock Broker at Merrill Lynch, 4/2000 – 6/2009 – Long time acquaintance of Brent Rice. Chad Ellman was pointedly asked during jury questioning if he ever worked at Merrill Lynch or knew Brent Rice, Ellman said no.

• Cara Weinzierl: Her daughter attended Holy Family Catholic High School. The same school L and T Rice attended. Her daughter was on the same cross country running team as Rice kids. Weinzierl daughter is the same age as T Rice. Cara Weinzierl lied to stay on the jury claiming she did not have kids that attended Holy Family Catholic School. Cara`s daughter, B Weinzierl, went to prom with T Rice, Caroline Rice`s oldest son.

_________________________________________________________________________

Member of jury:

• Jo-Anne Young:http://www.idim.umn.edu/faculty/ummc/young/home.html

Young was Caroline Rice`s father`s physician – worked with him when he was at the University of Minnesota hospital.

Jo-Anne Young – MED – DOM – Infect Diseases International Med, University of Minnesota

• Paul Cluff: His daughter is the same age as L Rice. They attended Waconia High School at the same time. His daughter is also Facebook friends with K Rice. Paul`s daughter was on the same track and field team as L Rice. Paul also lied when questioned about where his children attended school.

More to come… 

ncpp

Response by Christopher Banas/Mr. Banken – Hearing scheduled Feb. 9th, 2012

Response by Lea Banken/Affidavit – Hearing scheduled Feb. 9th, 2012 [Attached Below]

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF CARVER FIRST JUDICIAL DISTRICT

______________________________________________________________________________

In the Marriage of: File No. 10-FA-09-413

Jeremy Quinton Banken,

Petitioner, Affidavit of Lea J. Banken

and

Lea Jean Banken,

Respondent.

AFFIDAVIT OF LEA J. BANKEN

Lea J. Banken, being sworn on oath, states:

1. This affidavit is in response to the affidavit of petitioner received February 3, 2012.

Jurisdiction

2. Minnesota Statutes § 518.175 gives the court jurisdiction to immediately consider and rule on respondent’s motion. It states in part that in all proceedings for dissolution “upon the request of either parent, grant such parenting time on behalf of the child and a parent as will enable the child and the parent to maintain a child to parent relationship that will be in the best interest of the child.” Respondent does not have to wait for approximately nine months for an appeals court decision before this court can act on her denial of any parenting time or even contact with her three young children.

Parenting Time

Minn. Stat § 518.17 provides that parenting time can be restricted only if ” (1) parenting time is likely to endanger the child’s physical or emotional health or impair the child’s emotional development.” There have been no findings that respondent has ever physically or emotionally damaged her children, neglected them, mistreated them, or abused her children in any way, or that she has ever abused any substance. The record is filled with respondent’s demands for parenting time and custody. It can’t be said that respondent “abandoned” her children as alleged by the court. The court found that (order page 5) “both parents love the children and at least in the past have had close bonds with them. That “respondent has not seen or spoken to the children in the past two months, much to the chagrin and concern to the children and professionals involved with the family; this has greatly adversely affected the intimacy of the relationship between Respondent and the children, and adversely so;. The court proceeds to blame respondent for the damage to the children. This is a blatant lie by the court. Respondent has not been allowed to see or have any contact as a direct consequence of the court ordering (page 5″ supervised visitation contingent upon her compliance with certain conditions; Respondent has refused to comply with any of those conditions, thus in effect self-suspending her contacts with the children.” What the court ignores is that these “conditions” make it impossible for respondent to have any contact with her children. These “conditions” are set forth is a proposed “Service Agreement” that the parenting time supervisor, Jeffrey Postuma, demands that respondent sign and agree to. The proposed Service Agreement is attached. One condition is that respondent pay “$100 per hour” for parenting time (page 4). That means a mere two hours of parenting time would cost $200.00. Respondent has no money or assets as a result of the property distribution ordered by the court. There are six pages of highly restrictive conditions that make it more impossible for respondent to have any contact with her children. It is evident that this court is flagrantly violating and refusing to comply with Minnesota statutes.

Child Abuse

4. Petitioner has a history of domestic violence. He has been convicted of the crimes of domestic assault (attempted rape, strangulation, death threats. Affidavits previously submitted and of record describe petitioner’s violent history, strangulation and abuse of children. This court simply ignored this public history of criminal convictions and evidence of record.

I remain very concerned about petitioner’s molestation of our daughter and also our son. My daughter and son personally told me more than once about being molested by their father. I note that the investigator who interviewed our daughter about this incident as reported in her report dated 1-10-11 offered to arrange for a lie detector test for petitioner and he refused. I am willing to take a lie detector test to verify what my daughter said to me. Additionally, there are many witnesses to the abuse on children that you, Judge Perkins, refused to allow to testify during the trial.

Psychological Evaluations

5. I have already had an MMPI, which is of record, and a court-ordered psychological evaluation by a highly qualified psychiatrist. All test results were normal. Additionally, I have letters from other counselors stating I am of normal mental health. In contrast, petitioner’s MMPI was invalid and reported concerns of psychopathic tendencies. No further testing of petitioner has been ordered and he has 100% parenting time.

6. Carver County took my daughter MB, 7 years old, an hour away from home without a parent present to see investigators she did not know. She was taken to a room to be evaluated by a registered nurse where she was physically examined and pointedly asked if she was sexually touched. This is not how you evaluate a six-year old child for sexual abuse. MB told the nurse she had informed respondent about the abuse and was the only person she trusted. She feels she can trust respondent’s friend, Tony. MB repeated this over and over during the interrogation. In the reports (investigative reports) it is blatantly obvious MB was terrified during the interrogation as any child would have been. This is not how the statutes provide for an investigation of child molestation.

____________________________________

Lea J. Banken

Subscribed and sworn to before me

this _4th__ day of February, 2012

__________________________

Notary Public

[affidavit has been notarized  - copy placed in mail to Banas & Perkins/Original to Court admin carver county - courtesy copt sent via email to Banas & Perkins evening of Feb. 4th, 2012]

Divorce decree dated August 5th, 2011 stated temporary sole and legal custody. Judge Richard Perkins amended the August 5th order on October 4th, 2011 – he sent out this amended order stating he corrected a misprint on one page of the decree. In actuality, Perkins did amend a misprint on the decree, but he also amended the custody to read PERMANENT – Perkins forgot to mention that when he sent it out. Ms. Banken was made aware of this change today. There is no basis, law or statute followed determining this custody arrangement for the small Banken children. This is appalling. There is no hearing, finding of fact or conclusion leading to this arrangement, in fact – there is enormous findings of fact and witnesses to the fact Mr. Banken should not have custody of small children… although none of this was allowed to be heard or considered while Perkins determined custody. This further proves the corruption in this case. Additionally, Perkins stated on the record in the last court hearing that the custody is still temporary – witnesses in the courtroom heard this claim made by the judge. Everyone is puzzled as to whether Judge Perkins understands what he is doing during this litigation.

Response affidavit from Christopher Banas and Mr. Banken:

]]> http://carvercountycorruption.wordpress.com/2012/02/03/response-affidavit-from-chris-banas-and-mr-banken-for-feb-9th-banken-vs-banken-hearing/feed/ 21 ncpp6710 BANAS AFFDVT FEB 9 BANAS FEB 9 AFFDVT http://carvercountycorruption.wordpress.com/2012/01/31/minnesota-state-capitol/ http://carvercountycorruption.wordpress.com/2012/01/31/minnesota-state-capitol/#comments Tue, 31 Jan 2012 17:46:04 +0000 ncpp http://carvercountycorruption.wordpress.com/?p=3047 ]]>

Meetings With Legislators Week of Jan. 24-28, 2012

On Tuesday and Wednesday, January 24 and 25, 2012, Lea, Caroline, Bonnie, John, Dale and several other victims of the courts, their friends, family and supporters, met with six state senators and seven state representatives. We informed them of the abuse and injustices we have experienced and still are experiencing by Minnesota judges and how mothers and fathers and children are being injured. We also gave them drafts of proposed laws (bills) that provide for:

• Judicial Oversight Board – creates performance standards for judges (obey and apply constitutions, statutes, court rules, case precedent, give every parent visitation with their children unless there is evidence of physical or emotional harm), punishes violations of standards, gives people a place to go to file and get action on complaints against judges.
• Judge performance evaluations – evaluations of how judges perform their jobs by a credible legislative agency and for sending reports to voters before judge elections.
• Legal Assistance Centers (LAC) and Certified Legal Specialists (CLS) – creates LACs and CLSs where people can get affordable help on their legal problems

The reception by these legislators was very positive. Two of the legislators said they would contact Chief Justice Lorie Gildea about our cases. All said they would look at and consider our proposed laws. One even put Lea’s blog, carvercountycorruption.wordpress.com, on her twitter site. We scheduled more interviews with legislators and expect to meet with several more this coming week and even more during the current session. Some of these meetings will be with powerful committee chairs who we will ask to schedule hearings on our bills where we can give our testimony. We encourage you to contact key legislators and tell them your opinion on the need for court reform. The contact information of these legislators is below. Thank you very much for your support.

Sen. Warren Limmer, GOP, Maple Grove, sen.warren.limmer@senate.mn 651 296-2159

Sen. Scott Newman, GOP, Hutchinson, sen.scott.newman@sen.mn.com 651 296-4131

Sen. Ron Latz, DFL, St. Louis Park, sen.ron.latz@senate.mn 651 297-8065

Sen. Barbara Goodwin, DFL, Columbia Heights, sen.barbara.goodwin@senate.mn 651 296-4334

Sen. Dan Hall sen.dan.hall@senate.mn, GOP, Burnsville, 651 296-5975

Sen. John Harrington, DFL, St. Paul, sen.john.harrington@senate.mn 651 296-5285

Sen. Gretchen Hoffman, GOP, Vergas sen.gretchen.hoffman@senate.mn 651 296-5655

Sen. Bill Ingebritsen, GOP, Alexandria, sen.bill.ingebritsen@senate.mn 651 297-8063

Sen. Mike Jungbauer, GOP, East Bethel, sen.mike.jungbauer@senate.mn 651 296-3733

Sen. John Marty, DFL, Roseville, sen.john.marty@senate.mn 651 296-5645

Sen. Julianne Ortman, GOP, Chanassen, sen.julianne.ortman@senate.mn 651 296-4837

Sen. Mary Jo McGuire, DFL, St. Paul, sen.maryjo.mcguire@senate.mn 651 296-5537

Sen. Dave Thompson, GOP, Lakeville, sen.dave.thompson@senate.mn 651 296-5252

Rep. Ron Shamanski, GOP, Silver Lake, rep.ron.shamanski@house.mn 651 2961534

Rep. Sheldon Johnson, DFL, St. Paul, rep.sheldon.johnson@house.mn 651 2964201

Rep. Diane Anderson, GOP, Eagan, rep.diane.anderson@house.mn 651 296-3533

Rep. Bobby Joe Champion, DFL, Minneapolis, rep.bobby.champion@house.mn 651 296-8659

Rep. Tony Cornish, GOP, Good Thunder, rep.tony.cornish@house.mn 651 296-4240

Rep. Glenn Gruehagen, GOP, Glencoe, rep.glenn.gruehagen@house.mn 651 296-4229

Rep Debra Hilstrom, DFL, Brooklyn Center, rep.debra.hilstrom@house.mn 651 296-3709

Rep. John Kriesel, GOP, Cottage Grove, rep.john.kriesel@house.mn 651 296-4342

Rep. Carolyn Laine, DFL, Columbia Heights, rep.carolyn.laine@house.mn 651 296-4331

Rep. John Lesch, DFL, St. Paul, rep.john.lesch@house.mn 651 296-4224

Rep. Tina Liebling, DFL, Rochester, rep.tina.liebling@house.mn 651 296-0573

Rep. Pat Mazorol, GOP, Bloomington, rep.pat.mazorol@house.mn 651 296-7803

Rep. Joe Schomaker, GOP, Levern, rep.joe.schomaker@house.mn 651 296-5505

Rep. Tom Tillberry, DFL, Fridley, rep.tom.tillberry@house.mn 651 296-5510

Rep. Bruce Vogel, GOP, Wilmer, rep.bruce.vogel@house.mn 651 296-6206

Rep. Doug Wardlow, GOP, Eagan, rep.doug.wardlow@house.mn 651 296-4128

Rep. Torry Westrom, GOP, Elbow Lake, rep.torry.westrom@house.mn 651 296-4929

Rep. Steve Dragkowski, GOP, Mazeppa, rep.steve.dragkowsk@ihouse.mn 651 296-2273

Rep. Bill HiltyDFL, Finlayson, rep.bill.hilty@house.mn 651 296-4308

Rep. Mary Liz Holberg, GOP, Lakeville, rep.maryliz.ho@holberghouse.mn 651 296-6926

Rep. Melissa Hortman, DFL, Brooklyn Park, rep.melissa.hortman@house.mn 651 296-4280

Rep. Tim Mahoney, DFL, St. Paul, rep.tim.mahoney@house.mn 651 296-4277

Rep. Brandon Petersen, GOP, Andover, rep.brandon.petersen@house.mn 651 296-5369

Rep. Linda Runbeck, GOP, Circle Pines, rep.linda.runbeck@house.mn 651 296-2907

Rep. Peggy Scott, GOP, Andover, rep.peggy.scott@house.mn 651 296-4231

Rep. Carolyn McElfatrick, GOP, Deer River, rep.carolyn.mcelfatrick@house.mn 651 296-2365

MOTION Banken

AFFDVT Banken

MEMORANDUM Banken

Instead of a response to the above motion, affidavit and memorandum by opposing counsel, Christopher Banas composed the following letter.

We now wait for a response from Judge Richard Perkins. 

IN COURT OF APPEALS

________________________________________

In Re Lea Jean Banken, Appellate File No. A11-1452

In Re the Marriage of

Jeremy Quinton Banken, MEMORANDUM

Respondent,

vs.

Lea Jean Banken,

Petitioner.

_________________________________________

In orders dated August 29, 2011 and November 16, 2011, Carver County Judge Richard Perkins found Lea Banken, the appellant, in contempt and assessed sanctions totaling $9,533.76. He issued judgments for this amount that are now the subject of collection action as shown by the attached letter from the Hellmuth Johnson law firm. In earlier orders, Judge Perkins ordered appellant to pay over $45,000 to respondent as part of the property division and for respondent’s attorney’s fees. Since he awarded appellant NOTHING – no money, assets, property or equity in the marital homestead – in the divorce proceeding appellant is financially devastated. She cannot retain an attorney and must represent herself.

Appellant filed a Petition for a Writ of Prohibition to restrain Judge Perkins. In an Order filed September 21, 2011, this court in File No. A11-1452 denied appellant’s petition for a writ of prohibition. But the court said that immediate assessment of contempt sanctions was appealable. But first, appellant would have to move in the trial court for a stay, and if the result was unfavorable, then appellant could ask the appeals court to review the unfavorable result. Specifically, this court said (page 2):

“While the August 5, 2011 order identifies purge conditions, it also makes the sanctions it imposes effective immediately. The immediate imposition of sanctions makes the August 5, 2011 order a final, appealable contempt order. [citation omitted] If petitioner appeals that order, she can move the district court to stay the imposition of the sanctions while her appeal is being decided and, if necessary, seek review by this court of an unfavorable decision on her motion.”

Appellant appealed the August 5, 2011 judgement and order and also the October 4, 2011 corrected judgment and order. That became File No. A11-2156. On November 16, 2011, the district court denied appellant’s motion for a stay and respondent’s counsel almost immediately filed a notice of entry of judgment seeking to limit appellant’s time for appealing the November 16, 2011 order. To prevent denial of review, appellant filed a pleading entitled “Motion and Notice of Appeal.” On January 13, 2012. That resulted in a third appeal proceeding, File No. A12-0086. There now are three appeal proceedings all concerning the same case. This is absurd. It is an outrageous waste of time and money as well as ridiculous complexity. Since the appeals court issued its order in File No. A11-1452 in which it said it would review an unfavorable result on appellant’s motion for a stay, the two subsequent files should be consolidated in File A11-1452 and appellant asks the court to do that.

Appellant points out that Judge Perkins’ contempt orders and judgements are clear flagrant violations of appellant’s constitutional right of free speech as shown in the decision of the Kentucky Supreme Court in Hill v. Petrotech Resources Corp, 325 SW3rd 302 which cites U.S. Supreme Court case precedent in support of its decision. These orders and Judge Perkins’ denial of any visitation or even contact with her children, ages 1, 5 and 7, are entirely and exclusively because appellant refuses his order to take down and stop posting to her blog on the internet. There have been no findings or even hearings on appellant’s parenting of her children. The order giving custody of appellant’s children solely to respondent and giving appellant only “supervised” visitation with six pages of restrictions that make it impossible for appellant to have any contact with her children, is a “temporary” order – apparently not appealable – which this court and the Minnesota Supreme Court refused to review. They ruled that appellant must be without contact during the time to decide the appeal – about nine months. Appellant has not had any contact with her children since July, 2011 except for brief times when she forced contact. This is uncivilized. It is barbaric.

Recent notices also instruct appellant to re-process her request to proceed in forma pauperis. This is nonsense and further waste of time and money as well as useless complexity. Appellant was granted the status of in forma pauperis in File A11-1452 by both this court and the Minnesota Supreme Court. One of the recent notices notes that appellant has not yet been granted in forma pauperis with respect to the transcript of the trial proceedings. How ridiculous. If it has been recognized that appellant lacks the means to pay court fees, is it not also apparent that she has no means of paying for the transcript? Appellant agrees that if she wins the lottery or otherwise becomes able to pay court and litigation expenses, she will immediately so inform the court.

Despite the waste and senseless complexity described above, the judiciary is demanding another $200 million in funds and threatening to reduce services if it does not get such funding. The judiciary could save millions of dollars by streamlining its processes and eliminating its wasteful and duplication.

Dated January 30, 2012.

___________________________________

Lea Banken

Pro Se

Performance Evaluation of Judges

A proposed law has been drafted under which the performance of judges (how they are doing their jobs) would be evaluated and reports sent to voters before each judge election. Fourteen other states have this, but not Minnesota. Why not? Because Minnesota judges don’t want anyone looking over their shoulders , don’t want any criticism, and don’t want any challenge to their staying in office. That is why incumbent judges rarely even have an opponent and why they retaliate against lawyers who dare to run against them. (Judges, the Minnesota Supreme Court, ruled that only a licensed lawyer can be a judge.)

The proposed law (a “bill”) would create a small agency that works for the legislature and is completely independent of the judicial branch of Minnesota’s government to conduct the evaluations. No lawyer could be an evaluator because they appear before judges and try to get favors from them so they can “win” their cases and earn their fees. That is what lawyers are paid to do. The evaluators would be voters assisted by a small staff. The evaluators would judge the quality of the work of a judge (there are about 300 judges in Minnesota and about 100 of them run to stay in office every two years), whether the judge violated the performance standards for judges, how many times the judge was reversed by a higher court for making a mistake, how many times the judge was removed by litigants, and other factors including interviews with judges about their performance. This happens to almost everyone else in our society who works – performance reviews. Should not judges be evaluated too? Their jobs are very important and affect many people including parents and children. We think performance evaluations and reports to voters just before judge elections is a super idea. What do you think? If you think this is a good idea, please contact five of the legislators listed below and tell them your opinion. These legislators are members of important committees that concern judges.

Sen. Warren Limmer, GOP, Maple Grove, sen.warren.limmer@senate.mn 651 296-2159

Sen. Scott Newman, GOP, Hutchinson, sen.scott.newman@sen.mn.com 651 296-4131

Sen. Ron Latz, DFL, St. Louis Park, sen.ron.latz@senate.mn 651 297-8065

Sen. Barbara Goodwin, DFL, Columbia Heights, sen.barbara.goodwin@senate.mn 651 296-4334

Sen. Dan Hall sen.dan.hall@senate.mn, GOP, Burnsville, 651 296-5975

Sen. John Harrington, DFL, St. Paul, sen.john.harrington@senate.mn 651 296-5285

Sen. Gretchen Hoffman, GOP, Vergas sen.gretchen.hoffman@senate.mn 651 296-5655

Sen. Bill Ingebritsen, GOP, Alexandria, sen.bill.ingebritsen@senate.mn 651 297-8063

Sen. Mike Jungbauer, GOP, East Bethel, sen.mike.jungbauer@senate.mn 651 296-3733

Sen. John Marty, DFL, Roseville, sen.john.marty@senate.mn 651 296-5645

Sen. Julianne Ortman, GOP, Chanassen, sen.julianne.ortman@senate.mn 651 296-4837

Sen. Mary Jo McGuire, DFL, St. Paul, sen.maryjo.mcguire@senate.mn 651 296-5537

Sen. Dave Thompson, GOP, Lakeville, sen.dave.thompson@senate.mn 651 296-5252

Rep. Ron Shamanski, GOP, Silver Lake, rep.ron.shamanski@house.mn 651 2961534

Rep. Sheldon Johnson, DFL, St. Paul, rep.sheldon.johnson@house.mn 651 2964201

Rep. Diane Anderson, GOP, Eagan, rep.diane.anderson@house.mn 651 296-3533

Rep. Bobby Joe Champion, DFL, Minneapolis, rep.bobby.champion@house.mn 651 296-8659

Rep. Tony Cornish, GOP, Good Thunder, rep.tony.cornish@house.mn 651 296-4240

Rep. Glenn Gruehagen, GOP, Glencoe, rep.glenn.gruehagen@house.mn 651 296-4229

Rep Debra Hilstrom, DFL, Brooklyn Center, rep.debra.hilstrom@house.mn 651 296-3709

Rep. John Kriesel, GOP, Cottage Grove, rep.john.kriesel@house.mn 651 296-4342

Rep. Carolyn Laine, DFL, Columbia Heights, rep.carolyn.laine@house.mn 651 296-4331

Rep. John Lesch, DFL, St. Paul, rep.john.lesch@house.mn 651 296-4224

Rep. Tina Liebling, DFL, Rochester, rep.tina.liebling@house.mn 651 296-0573

Rep. Pat Mazorol, GOP, Bloomington, rep.pat.mazorol@house.mn 651 296-7803

Rep. Joe Schomaker, GOP, Levern, rep.joe.schomaker@house.mn 651 296-5505

Rep. Tom Tillberry, DFL, Fridley, rep.tom.tillberry@house.mn 651 296-5510

Rep. Bruce Vogel, GOP, Wilmer, rep.bruce.vogel@house.mn 651 296-6206

Rep. Doug Wardlow, GOP, Eagan, rep.doug.wardlow@house.mn 651 296-4128

Rep. Torry Westrom, GOP, Elbow Lake, rep.torry.westrom@house.mn 651 296-4929

Rep. Steve Dragkowski, GOP, Mazeppa, rep.steve.dragkowsk@ihouse.mn 651 296-2273

Rep. Bill HiltyDFL, Finlayson, rep.bill.hilty@house.mn 651 296-4308

Rep. Mary Liz Holberg, GOP, Lakeville, rep.maryliz.ho@holberghouse.mn 651 296-6926

Rep. Melissa Hortman, DFL, Brooklyn Park, rep.melissa.hortman@house.mn 651 296-4280

Rep. Tim Mahoney, DFL, St. Paul, rep.tim.mahoney@house.mn 651 296-4277

Rep. Brandon Petersen, GOP, Andlveer, rep.brandon.petersen@house.mn 651 296-5369

Rep. Linda Runbeck, GOP, Circle Pines, rep.linda.runbeck@house.mn 651 296-2907

Rep. Peggy Scott, GOP, Andover, rep.peggy.scott@house.mn 651 296-4231

Rep. Carolyn McElfatrick, GOP, Deer River, rep.carolyn.mcelfatrick@house.mn 651 296-2365—– Original Message —–

Mr. Banken`s Probation officer was furious about the small sentence: anger management classes, misdemeanor, and no-same-or-similar for two years. Probation officer requested to speak with Lea Banken in his office. Officer sternly warned Lea,`If this man ever loses control of you – you will end up in a pine box, do you understand me?` Mother contacted the officer after proceedings of Banken v. Banken divorce commenced in Carver County, MN. Probation officer said his notes and him were available by law with a subpoena during litigation… of which Banken mother was never allowed enough money to subpoena the officer for trial, or anyone… which would have been a waste of time since Judge Perkins refused to allow witnesses to any abuse.

Banken Mother never had to subpoena one witness to the child abuse during any litigation the past two years – witnesses of course came willingly – they took off work, sat through it all… not one was ever allowed or encouraged to take the stand.

Lea Banken`s younger sister once witnessed the abuse on her older sister by Jeremy Banken. Jeremy had Lea pinned down on the floor, his hands around her neck, Lea could not breathe, she was turning blue. Jeremy continually told Lea he was going to kill her, as he always did during these incidents. Lea`s sister and her sister`s friend walked in the house unexpectedly where Jeremy had Lea pinned down. Jeremy immediately let go of Lea. Incident was never reported, which is typical in domestic abuse cases. Most all are never reported.

There are affidavits in the Banken file containing more incidents. A few friends lived with the couple during their marriage, these friends remember the screaming and Lea being tossed around during altercations with Jeremy Banken often.

Even more affidavits and letters from witnesses to the abusive nature of this man were submitted to the custody evaluator, Mindy Mitnick. Affidavits of the children crying out about horrid abuse by their father… and things we care not to mention. Custody evaluator was paid $20,000 by Mr. Banken – to produce a 2 1/2 month one-sided evaluation. Evaluation states Mr. Banken placed a shock collar set for a 200 lb dog on the couple`s three year old boy – DURING the evaluation. Prongs left marks on boys neck. Mr. Banken laughed as the boy cried from the pain of the electric shock. Custody evaluator states in her eval about the incident, `Mr. Banken stated it was a good lesson for the boy`. What beneficial lesson this was – was never mentioned. Mindy Mitnick was asked in trial what lesson she thought suitable for a three year old boy to be shocked by an electrical shock collar… not surprisingly Mitnick declined to answer. Mitnick declined to mention in her report that Mr. Banken admitted to showering alone with his then 6 year old daughter. Father claimed to the GAL at the time, `I shower with her all the time, its not a big deal`.

Another affidavit sits in the court file of Banken v. Banken (unless it was removed by the judge which happens often in these cases) affidavit is from a young woman who dated Mr. Banken prior to his marriage to Lea. This report is explicit and detailed in sexual abuse and strangulation by Mr. Banken until the young woman passed out. This report is from December 2009 (divorce proceedings began September 2009) a PDF file of the affidavit (with the name of the woman removed) is available upon request – should it not be in the court file at Carver County, for whatever reason.

Here are the pictures from yet another physical attack on Lea Banken by Jeremy Banken, during divorce and custody litigation in June 2010. IMAGES AND STORY This is the day mother lost custody of her small baby and two kids.

Mr. Banken also holds record for disorderly conduct and DUI, due to his excessive drinking.

Carole Cole of Carver County CPS claims she took pictures of the numerous bruises and cuts the Banken baby received while in the care of her father. Sexual abuse of 6 year old girl was reported December 2010. Sexual abuse of 3 year old boy was reported November 2009. (ages listed are of children at time of report) Sexual abuse investigative reports confirm the reports made by Banken mother. Investigative reports are marked confidential in the Banken v. Banken file at Carver County. Copies of these are available by reaching advisors to the Banken litigation – CONTACT ADVISORS.

The actual investigative interview of sexual abuse of 6 year old girl was allowed by Carole Cole of Carver County CPS to be set up by the alleged perpetrator – Banken father – Mother and fiance were told otherwise. Young girl was picked up at the front door of her father`s home for the examination and interview one hour away – Banken mother and fiance were told she was picked up at school. Additionally, the investigation included looking for physical trauma to the `area` – Banken father conveniently set up the interview of the young girl after girl had been at mothers for three days, and in school the fourth day… Banken father would not have inappropriately touched young girl for four days prior to examination (as girl says father does `almost every night, but not when Grandma stays over`~girls own words) Many other discrepancies were in the investigative report along with a slew of contradictory statements.

The DVD of the investigation of young girl has been requested of the clinic that conducted the interview – of course requested by Banken mother. Christopher Banas (attorney for father), Judge Perkins and Banken father are not interested in entering any child abuse investigations into evidence, or hearing any witnesses to the abuse – Perkins made this very clear in Chambers with Lea Banken`s lawyer during trial.

Banken mother literally had to walk across the hall to the Sheriffs Department at Carver County Courthouse and walk the papers back to the courtroom in order to hand force the investigative reports of child abuse in front of Judge Perkins. Even after Mother does the duty required of the courts (requesting child abuse investigative reports should obviously be a priority to the ruler in a custody battle) the reports are ignored and covered up by the official ruling in this custody case.

The Banken children are forced to live with the man explained in the reports attached or mentioned, images shown, and affidavits filed. Banken mother has no criminal record what so ever, no substance abuse, no history of mental illness, no diagnosis, no history of abuse, neglect or anything but love and care for her children.

Could you imagine being in a situation like this, or these being your own kids?

POST: Banken vs. Banken Christmas Eve 2011

___________________________________

What happens when family court treats our children like`throw away` kids? SEE ENTIRE POST: CPS IGNORES BANKEN KIDS… 

ALL REPORTS, LETTERS AND AFFIDAVITS MENTIONED ARE OBTAINABLE… EVEN THE LETTERS TO THE CUSTODY EVALUATOR – COPIES OF ALL.

kh/ncpp

Judge Oversight and Punishment

Should judges be punished if they break the law? Currently, there is no consequence for a judge who:

1. breaks the law

2. fails or refuses to enforce or apply a statute

3. wrongfully denies a parent visitation and denies children a parent’s love

4. fails or refuses to follow higher court case precedent

5. refuses to follow court rules

6. refuses or ignores the evidence

7. alters the evidence or transcripts of testimony

8. lies or is dishonest in court

Everyone else in society must obey the law and gets punished if they don’t. Should we pass a law that penalizes judges when they break the law or refuse to follow it?

A law has been drafted that would do that. It will be delivered to legislators (who are listed at the end of this article), the proposed law had the title “Judge Oversight”. It was drafted by Dale Nathan. It lists performance standards judges must obey. These include:

1. make all decisions and orders strictly in accordance with U.S. and Minnesota’s constitutions

2. make all decisions in compliance with Minnesota’s statutes

3. make all decisions and orders in compliance with case precedent

4. faithfully comply with court rules

5. do not alter evidence or transcripts of testimony

6. grant every parent visitation with their children except only for evidence of abuse

7. do not wrongfully deny parents custody

8. strictly comply with the code of ethics for judges

9. refrain from any dishonest act

10. treat all parties respectfully

The law prohibits judges from certain conduct. This includes:

1. violate any of the performance obligations or prohibitions

2. punish or penalize anyone because he or she criticized a judge or court

3. retaliate against any lawyer or legislator for any reason

4. order anyone to jail in a civil proceeding without a trial before a jury

5. Wrongfully deny a parent visitation or custody

The law provides that judges who violate these standards will be punished by a reprimand, or suspension, or a file of up to $10,000, or removal from office, or prosecution.

Best of all, the law requires that judges to certify each decision or order that is strictly in compliance with the law and gives the name and contact information where a complaint against the judge can be filed.

Do you think such a law would be good for Minnesota? If so, please contact the following legislators and urge them to pass this law.

Sen. Warren Limmer sen.warren.limmer@senate.mn 651 296-2159

Sen. Scott Newman sen.scott.newman@sen.mn.com 651 296-4131

Sen. Ron Latz sen.ron.latz@senate.mn 651 297-8065

Sen. Barbara Goodwin sen.barbara.goodwin@senate.mn 651 296-4334

Sen. Dan Hall sen.dan.hall@senate.mn 651 296-5975

Sen. John Harrington sen.john.harrington@senate.mn 651 296-5285

Sen. Gretchen Hoffman sen.gretchen.hoffman@senate.mn 651 296-5655

Sen. Bill Ingebritsen sen.bill.ingebritsen@senate.mn 651 297-8063

Sen. Mike Jungbauer sen.mike.jungbauer@senate.mn 651 296-3733

Sen. John Marty sen.john.marty@senate.mn 651 296-5645

Sen. Julianne Ortman sen.julianne.ortman@senate.mn 651 296-4837

Sen. Mary Jo McGuire sen.maryjo.mcguire@senate.mn 651 296-5537

Sen. Dave Thompson sen.dave.thompson@senate.mn 651 296-5252

Rep. Ron Shamanskii rep.ron.shamanski@house.mn 651 2961534

Rep. Sheldon Johnson rep.sheldon.johnson@house.mn 651 2964201

Rep. Diane Anderson rep.diane.anderson@house.mn 651 296-3533

Rep. Bobby Joe Champion rep.bobby.champion@house.mn 651 296-8659

Rep. Tony Cornish rep.tony.cornish@house.mn 651 296-4240

Rep. Glenn Gruehagen rep.glenn.gruehagen@house.mn 651 296-4229

Rep Debra Hilstrom rep.debra.hilstrom@house.mn 651 296-3709

Rep. John Kriesel rep.john.kriesel@house.mn 651 296-4342

Rep. Carolyn Laine rep.carolyn.laine@house.mn 651 296-4331

Rep. John Lesch rep.john.lesch@house.mn 651 296-4224

Rep. Tina Liebling rep.tina.liebling@house.mn 651 296-0573

Rep. Pat Mazorol rep.pat.mazorol@house.mn 651 296-7803

Rep. Joe Schomaker rep.joe.schomaker@house.mn 651 296-5505

Rep. Tom Tillberry rep.tom.tillberry@house.mn 651 296-5510

Rep. Bruce Vogel rep.bruce.vogel@house.mn 651 296-6206

Rep. Doug Wardlow rep.doug.wardlow@house.mn 651 296-4128

Rep. Torry Westrom rep.torry.westrom@house.mn 651 296-4929

Rep. Steve Dragkowski rep.steve.dragkowsk@ihouse.mn 651 296-2273

Rep. Bill Hilty rep.bill.hilty@house.mn 651 296-4308

Rep. Mary Liz Holberg rep.maryliz.ho@holberghouse.mn 651 296-6926

Rep. Melissa Hortman rep.melissa.hortman@house.mn 651 296-4280

Rep. Tim Mahoney rep.tim.mahoney@house.mn 651 296-4277

Rep. Brandon Petersen rep.brandon.petersen@house.mn 651 296-5369

Rep. Linda Runbeck rep.linda.runbeck@house.mn 651 296-2907

Rep. Peggy Scott rep.peggy.scott@house.mn 651 296-4231

Rep. Carolyn McElfatrick rep.carolyn.mcelfatrick@house.mn 651 296-2365

Proposed Law Will Provide

Legal Help For People

Lawyers are expensive. It costs $3,000, $5,000 or even more to get a lawyer to tell you if he or she will take your case. More than half of the people who appear in court do not have a lawyer. They cannot afford one. They stumble through court. Generally, they do not know what to do or how to do it.

A proposed law that Minnesota State Representative Glenn Gruenhagen, R, Glencoe, plans to introduce will help thousands of people with their legal cases. Inspired by Minnesota mother Candelauria Aikin,, the law creates legal assistance centers and the profession of certified legal specialist. Several states already have versions of legal assistance centers. These centers prepare legal documents for people to use in court. The proposed law for Minnesota also provides for trained and fair guardians ad litem, custody evaluators, mediators and arbitrators. With legal assistance centers, it may not be necessary to hire and pay lawyers. In California, which has legal assistance centers, there is no lawyer in 75% of divorce cases.

Legal assistance centers are private businesses like H&R Block tax preparation stores. They will be owned by licensed, bonded, and regulated specialists. Like other private businesses, prices will be determined by competition. In states that have legal assistance centers, prices are very reasonable and affordable.

For more information, contact Rep. Glenn Gruenhagen, rep.glenn.gruenhagen@housemn, 651 296-4229 or Dale Nathan at dalenathan@usfamily.net, 651 454-0506

Read more: Legal Assistance Centers

Judicial Accountability in Minnesota. What Can I Do To Help?

Lea Banken (Banken mother) filed a motion this week with the district court, Carver County`s Judge Richard Perkins. Banken vs. Banken hearing is scheduled for February 9th at 8:30 am.

Below is a copy of the motion, affidavit and memorandum filed with the Carver County Court. Copies of these papers were mailed on January 18th to Christopher Banas (Mr. Banken`s attorney), Carver County Court Administration, and Judge Richard C. Perkins. Lea Banken is pro se (representing herself) during proceedings with the district court and court of appeals.

MOTION Banken

AFFDVT Banken

MEMORADUM Banken

The young Banken children ages 1, 5 and 7 have not seen their mother since June 24th, 2011.

3:56

Judge Ignores Statute

Creates His Law

On Custody of Children

Minnesota Statutes § 518.17 requires courts and judges to use a specified criteria in determining who gets custody of children. The rule basically is “the best interests of the child’ determines who gets custody. The statute spells out the factors to be considered in making that determination. Carver County Judge Richard Perkins ignored Minn. Stat. 518.17 and refused to apply the factors listed in that statute. In his order that gave Jeremy Banken “temporary” sole custody of the children, ages 1, 5 and 7, he did not even mention Minn. Stat. 518.17. His order was issued on August 5, 2011 but had already been in effect since July, 2011. He order that Lea Banken, the children’s mother, could have only “supervised” visitation with her children. The restrictions on her visitation make it impossible in effect to have any visitation. For example, she is required to pay the court-appointed supervisor, Mr. Jeffrey Postuma, $200 for each visitation of only two hours. Ms. Banken is totally broke as a result of Judge Perkins division of marital property, all of which went to Mr. Banken. She is even heavily in debt because Judge Perkins ordered her to pay Mr. Banken over $40,000 and has assessed Ms. Banken additional tens of thousands of dollars for Mr. Banas’ attorney fees and court sanctions for publishing her internet blog. For over seven months, Lea Banken has had no visitation with her children. She has seen them briefly when she forced it (went to the kids` Christmas concert at their school) and the children look terrible – undernourished and terrorized. Because it is a “temporary” order, Lea cannot appeal it even though in effect it is permanent. Clearly, awarding sole custody to Jeremy Banken puts the children in danger and is not in their best interests. Mr. Banken has a criminal history of convictions for theft, domestic assault, disorderly conduct, and driving under the influence when hit the vehicle of a sixteen year old girl and injured her. There is evidence that Jeremy Banken sexually molests his seven year old daughter and five year old son. There has been no evaluation of these children by a professionally trained evaluator such as a child psychologist or similar professional although Lea has repeatedly asked for that

In his order dated August 5, 2011, Judge Perkins justified his order by writing that Lea had posted “information on blogs and websites which she admitted she either controlled as editor or provided the information as author and had that information posted as an editor or contributor to the sites, and had no intention of terminating her conduct in any regard as to the postings and sites.”

You probably are asking why this happened. The answer is that Jeremy Banken is a wealthy business owner who has spent substantial sums on a lawyer (Christopher Banas) who has no conscience and will do anything to earn his “fees”, and a judge who for some reason allows the abuse of and damage to children because he thinks there is no consequence for him. He is a “judge” and can do anything he wants to. The answer also is that Lea has published and continues to publish a blog on the internet that criticizes Judge Perkins because he was grossly unfair in giving sole custody to Jeremy Banken and awarding Lea absolutely none of the marital property.

You probably also are asking what can be done to get Lea visitation with her children and protect them. There have been no hearings on Lea’s parenting of her children, no findings or basis for denying her visitation, although Lea has been psychologically evaluated and found completely fit to parent her children. There are no hearings scheduled at this time. She has appealed her case but it will nine months for the Court of Appeals to even make a ruling and more time for Judge Perkins to make a new ruling if he is ordered to. During this time Lea will be denied any contact with her children and they will continue to be injured emotionally and physically and deprived of their mother’s love and protection. But Lea has informed and involved the Minnesota legislature and believes they will pass laws to make judges accountable for their wrongs and unjust rulings if the public demands it. Lea asks for your help in persuading the legislature to do that. LINK: What You Can Do To Help

What is clear is that statutes enacted by the legislature and signed by the governor mean nothing to Judge Perkins, the Court of Appeals who denied Lea any emergency relief, and the Minnesota Supreme Court who refused to review Lea’s case. The law means nothing to these courts.

Lea Banken received docketing of judgement in the mail today regarding the Carver County Corruption WordPress Blog. $5050 is charged to Ms. Banken for the contents of the CCC blog. Judgement received in the mail today confirms that any action can be taken by the parties owed to secure these funds – garnishing wages, suspending bank accounts… or the like.

LINK: COURT ORDER TO REMOVE CCC BLOG 

]]> http://carvercountycorruption.wordpress.com/2012/01/18/docket-and-judgement-banken-vs-banken/feed/ 30 ncpp6710 CCC blog 5050$ Banken http://carvercountycorruption.wordpress.com/2012/01/17/state-vs-caroline-rice-settlement-hearing-january-17th-2012/ http://carvercountycorruption.wordpress.com/2012/01/17/state-vs-caroline-rice-settlement-hearing-january-17th-2012/#comments Wed, 18 Jan 2012 01:12:42 +0000 ncpp http://carvercountycorruption.wordpress.com/?p=2989 ]]> Carver County is attempting to prosecute Caroline Rice for three misdemeanor charges from allegedly violating an OFP (order for protection). One charge involves Caroline Rice responding to her 16 year old son, J Rice who sent Caroline a message on facebook. Caroline responded to her son, `I love you`. Carver County claims they have proof of this correspondence between mother and child. The second charge was due to a phone call from her 17 year old son, T Rice – Caroline`s son called his mother via telephone and Caroline allegedly answered the phone. The third is the same with her 14 year old daughter, A Rice desperately wanted to talk to her mother, Carver County claims Caroline Rice answered a phone call from her daughter.

Today was a settlement hearing, no settlements were made. Judge Perkins set yet another hearing for February 13th for these misdemeanor charges against Caroline Rice. Additionally, a trial date (jury trial) was set for March 7th, 2012 for the same charges listed above. Sentencing for the previous trial is set for February 16th, 2012. We will keep you updated and will be posting court documents pertaining to the charges listed and the abuse by Brent Rice on his five children who have been separated from their mother, Caroline Rice for three years now.

The legal abuse, tax dollars and time involved in the years of horror dished out on these children and families of Carver County is simply astronomical.

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Carver County said they were dropping the charges a while ago, everyone thought they had. When Caroline Rice was released from incarceration last week – Judge Perkins stated in court they are setting a date to prosecute Caroline for the charges, even though on previous hearings the prosecutor never showed up. Meshbesher & Spence, Dan Guerrero asked for the court date (today) to be moved out so he could represent Caroline Rice for these charges, Judge Perkins said no. Per request of Richard Swanson, an attorney from Chaska, MN Richard moved this hearing date from the 25th of January, to the 17th (today). Richard Swanson will be representing Caroline Rice today.

Caroline Rice will be asking for the charges to be dropped, or they will move to a jury trial with Meshbesher & Spence, Dan Guerrero representing Caroline Rice.

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We have received a swarm of people lately calling and emailing to ask what they can do to help, many are offering financial help – money is not what we need.

Below is one important thing that you can do to help… this will help not only the horror cases listed here on this blog, it will help your own kids, your grandkids, your friends and family.

Help us promote change in our Minnesota judiciary system. This is more important than you know. 

[Sample letter below]

Senate Judiciary Committee Plus